Residential Substance Use Disorder Treatment Act of 2021

117TH CONGRESS 1ST SESSION S. 1046 AN ACT To amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the residential substance use disorder treatment program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 2 † S 1046 ES SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Residential Substance 2 Use Disorder Treatment Act of 2021’’. 3 SEC. 2. RESIDENTIAL SUBSTANCE USE DISORDER TREAT- 4 MENT PROGRAM. 5 (a) AMENDMENTS.—Part S of title I of the Omnibus 6 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 7 10421 et seq.) is amended— 8 (1) in the part heading, by striking ‘‘SUB- 9 STANCE ABUSE’’ and inserting ‘‘SUBSTANCE USE 10 DISORDER’’; 11 (2) in section 1901 (34 U.S.C. 10421)— 12 (A) in subsection (a)— 13 (i) in paragraph (1)— 14 (I) by striking ‘‘substance abuse’’ 15 each place it appears and inserting 16 ‘‘substance use disorder’’; and 17 (II) by inserting after ‘‘pro- 18 grams’’ the following: ‘‘, including 19 medication-assisted treatment pro- 20 grams, which shall be permitted to 21 use any type of medication that has 22 been approved to treat substance use 23 disorders pursuant to section 505 of 24 the Federal Food, Drug, and Cos- 25 metic Act (21 U.S.C. 355), or any 26 3 † S 1046 ES type of biological product licensed 1 under section 351 of the Public 2 Health Service Act (42 U.S.C. 262),’’; 3 and 4 (ii) in paragraph (3), by striking 5 ‘‘substance abuse’’ each place it appears 6 and inserting ‘‘substance use disorder’’; 7 (B) in subsection (b), by striking ‘‘sub- 8 stance abuse’’ and inserting ‘‘substance use dis- 9 order’’; and 10 (C) in subsection (c)— 11 (i) by striking ‘‘part for treatment’’ 12 and inserting ‘‘part for— 13 ‘‘(1) treatment’’; 14 (ii) in paragraph (1), as so des- 15 ignated, by striking the period at the end 16 and inserting ‘‘; and’’; and 17 (iii) by adding at the end the fol- 18 lowing: 19 ‘‘(2) expanding residential substance use dis- 20 order treatment programs to use not less than 1 21 medication or treatment that has been approved to 22 treat substance use disorders pursuant to section 23 505 of the Federal Food, Drug, and Cosmetic Act 24 (21 U.S.C. 355).’’; 25 4 † S 1046 ES (3) in section 1902 (34 U.S.C. 10422)— 1 (A) in subsection (b)— 2 (i) in the subsection heading, by strik- 3 ing ‘‘ABUSE’’ and inserting ‘‘USE’’; and 4 (ii) by striking ‘‘substance abuse’’ 5 each place it appears and inserting ‘‘sub- 6 stance use disorder’’; 7 (B) in subsection (c), by striking ‘‘sub- 8 stance abuse’’ each place it appears and insert- 9 ing ‘‘substance use disorder’’; 10 (C) in subsection (d), by striking ‘‘sub- 11 stance abuse treatment’’ and inserting ‘‘sub- 12 stance use disorder treatment’’; 13 (D) in subsection (f), by striking ‘‘sub- 14 stance abuse’’ and inserting ‘‘substance use dis- 15 order’’; and 16 (E) by adding at the end the following: 17 ‘‘(g) TRAINING REQUIREMENT.— 18 ‘‘(1) IN GENERAL.—To be eligible to receive 19 funds under this part, the chief medical officer of 20 the prison or jail or appropriate staff overseeing the 21 program shall complete training, before or within a 22 reasonable amount of time after receiving the funds, 23 on, at a minimum— 24 ‘‘(A) the science of addiction; 25 5 † S 1046 ES ‘‘(B) the latest research and clinical guid- 1 ance for detoxification and withdrawal manage- 2 ment and the treatment of substance use dis- 3 orders in criminal justice settings; 4 ‘‘(C) strategies for continuity of care dur- 5 ing and after incarceration; 6 ‘‘(D) an overview of— 7 ‘‘(i) all medications for the treatment 8 of substance use disorders; 9 ‘‘(ii) how to obtain certification as an 10 opioid treatment provider (OTP) or waiv- 11 ers under the Controlled Substances Act 12 (21 U.S.C. 801 et seq.) for prescribing cer- 13 tain medications; and 14 ‘‘(iii) evidence-based behavioral thera- 15 pies used in addition to medication to im- 16 prove medication adherence and treatment 17 outcomes; and 18 ‘‘(E) any other topic determined by the At- 19 torney General, in coordination with the Sec- 20 retary of Health and Human Services and in 21 consultation with experts in addiction science, 22 to be a core element for successful training 23 under this paragraph. 24 6 † S 1046 ES ‘‘(2) REQUIREMENT.—The training required 1 under paragraph (1) shall include guidance on how 2 to— 3 ‘‘(A) engage relevant stakeholders; 4 ‘‘(B) identify available resources for, and 5 gaps and barriers to, providing residential sub- 6 stance use disorder treatment; and 7 ‘‘(C) develop a plan to overcome obstacles 8 to administering and offering medication-as- 9 sisted treatment. 10 ‘‘(h) PROVIDER AFFILIATION.—Any entity, including 11 a prison or jail, that receives Federal funds for a program 12 or activity that offers medication-assisted treatment shall 13 have an affiliation with a provider that can— 14 ‘‘(1) prescribe not less than 1 medication-as- 15 sisted treatment to patients after release from the 16 entity; and 17 ‘‘(2) discuss the risks and benefits of, and alter- 18 natives to, medication-assisted treatment with pa- 19 tients.’’; and 20 (4) in section 1904 (34 U.S.C. 10424)— 21 (A) by amending subsection (c) to read as 22 follows: 23 ‘‘(c) LOCAL ALLOCATION.— 24 7 † S 1046 ES ‘‘(1) IN GENERAL.—Not less than 10 percent of 1 the total amount made available to a State under 2 subsection (a) for any fiscal year shall be used by 3 the State to make grants to local correctional and 4 detention facilities in the State (provided such facili- 5 ties exist therein). 6 ‘‘(2) JAIL-BASED SUBSTANCE USE TREATMENT 7 PROGRAMS.—A jail-based substance use disorder 8 treatment program described in paragraph (1) may 9 be made available to any individual who is— 10 ‘‘(A) awaiting trial or is otherwise in pre- 11 trial detention; or 12 ‘‘(B) serving a sentence of imprisonment in 13 the jail.’’; and 14 (B) by amending subsection (d) to read as 15 follows: 16 ‘‘(d) EVIDENCE-BASED TREATMENTS.— 17 ‘‘(1) IN GENERAL.—A State may use amounts 18 received under this part to— 19 ‘‘(A) provide any type of medication-as- 20 sisted treatment that has been approved to 21 treat substance use disorders pursuant to sec- 22 tion 505 of the Federal Food, Drug, and Cos- 23 metic Act (21 U.S.C. 355), and any type of bio- 24 logical product licensed under section 351 of 25 8 † S 1046 ES the Public Health Service Act (42 U.S.C. 262), 1 and prescribe overdose reversal medications 2 during the residential substance use disorder 3 treatment program or after care; 4 ‘‘(B) cover costs associated with the train- 5 ing required under section 1902(g); 6 ‘‘(C) obtain waivers under clause (ii) or 7 (iv) of section 303(g)(2)(G) of the Controlled 8 Substances Act (21 U.S.C. 823(g)(2)(G)); and 9 ‘‘(D) obtain certification as an opioid 10 treatment provider (OTP) in accordance with 11 part 8 of title 42, Code of Federal Regulations, 12 or any successor thereto, or the prescription of 13 medications to treat substance use disorders. 14 ‘‘(2) DEFINITION.—In this subsection, the term 15 ‘medication-assisted treatment’ means a treatment 16 plan that combines behavioral therapy with any type 17 of medication that has been approved to treat sub- 18 stance use disorders pursuant to section 505 of the 19 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 20 355), or any type of biological product licensed 21 under section 351 of the Public Health Service Act 22 (42 U.S.C. 262).’’. 23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 24 1001(a)(17) of title I of the Omnibus Crime Control and 25 9 † S 1046 ES Safe Streets Act of 1968 (34 U.S.C. 10261(a)(17)) is 1 amended to read as follows: 2 ‘‘(17) There are authorized to be appropriated to 3 carry out the projects under part S $40,000,000 for each 4 of fiscal years 2022 through 2026.’’. 5 (c) DEFINITION.—Section 901(25) of title I of the 6 Omnibus Crime Control and Safe Streets Act of 1968 (34 7 U.S.C. 10251(25)) is amended to read as follows: 8 ‘‘(25) the term ‘residential substance use dis- 9 order treatment program’ means a course of com- 10 prehensive individual and group substance use dis- 11 order treatment services in residential treatment fa- 12 cilities that, to the greatest extent practicable, follow 13 the guidance entitled, ‘Promising Practice Guidelines 14 for Residential Substance Abuse Treatment’, pub- 15 lished in November 2017 by the Bureau of Justice 16 Assistance, or as thereafter amended to conform to 17 current standards of care;’’. 18 Passed the Senate July 30, 2021. Attest: Secretary. 117TH CONGRESS 1ST SESSION S. 1046 AN ACT To amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the residential substance use disorder treatment program, and for other purposes.